Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,625 times 365 Legal AnalysesHolding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 3,874 times 6 Legal AnalysesHolding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"
Merrill Lynch, Pierce, Fenner Smith v. Curran
456 U.S. 353 (1982) Cited 570 timesHolding that congressional amendment of the Commodity Exchange Act that was silent on the subject of private judicial remedies did not overturn federal court decisions routinely and consistently recogniz[ing] an implied private cause of action"
Wright v. Ernst & Young LLP
152 F.3d 169 (2d Cir. 1998) Cited 637 times 10 Legal AnalysesHolding a party may not amend its complaint by advancing a new theory of liability for the first time in its opposition to a motion to dismiss
Nantahala Power Light v. Thornburg
476 U.S. 953 (1986) Cited 192 times 1 Legal AnalysesHolding that NCUC's failure to honor FERC-filed rates for the purposes of retail ratemaking caused trapped costs and was preempted by the Federal Power Act
Smith v. Local 819 I.B.T. Pension Plan
291 F.3d 236 (2d Cir. 2002) Cited 277 timesFinding that conclusory pleadings adequately allege fiduciary duty
Freeman v. Complex Computing Company, Inc.
119 F.3d 1044 (2d Cir. 1997) Cited 221 times 2 Legal AnalysesHolding that "[there is] in the FAA no indication by Congress that the long-standing doctrine of pendent appellate jurisdiction is totally eliminated as to appeals of orders staying federal court proceedings pending arbitration" and exercising pendent appellate jurisdiction over an appeal of an order compelling arbitration
In re Currency Conversion Fee Antitrust Litig.
265 F. Supp. 2d 385 (S.D.N.Y. 2003) Cited 153 timesHolding that the plaintiffs "failed to allege any facts to support their conclusion that the bank holding companies exercised such dominion and control over its subsidiaries" and explaining further that "[t]he unadorned invocation of dominion and control is simply not enough"
In re Sumitomo Copper Litigation
995 F. Supp. 451 (S.D.N.Y. 1998) Cited 114 timesFinding that RICO enterprise allegations must meet only pleading requirement of Rule 8 but wire and mail fraud allegations must meet heightened pleading requirements of Rule 9(b)
EED Holdings v. Palmer Johnson Acquisition Corp.
228 F.R.D. 508 (S.D.N.Y. 2005) Cited 57 timesDeclining to pierce corporate veil in action for breach of contract and fraud